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IN RE FEDERATED DEPT. STORES, INC.

Nos. 99-4247, 00-3817.

270 F.3d 994 (2001)

In re FEDERATED DEPARTMENT STORES, INC. (A & S Galleria Real Estate, Inc.), Debtor. City of White Plains, New York, Plaintiff-Appellant, v. A & S Galleria Real Estate, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 6, 2001.

Attorney(s) appearing for the Case

ARGUED: John Arthur Schuh, (argued and briefed), SCHUH & GOLDBERG, Cincinnati, Ohio, for Plaintiff-Appellant.

Todd S. Swatsler, (argued and briefed), JONES, DAY, REAVIS & POGUE, Columbus, Ohio, for Kim Martin Lewis, Dinsmore & Shohl, Cincinnati, OH, Richard M. Cieri, Jones, Day, Reavis & Pogue, Cleveland, OH, for Defendant-Appellee.

ON BRIEF: John Arthur Schuh, SCHUH & GOLDBERG, Cincinnati, Ohio, for Appellant.

Before: BOGGS and CLAY, Circuit Judges; GWIN, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

GWIN, District Judge.

With these appeals, consolidated for purposes of decision, the Court is asked to decide whether certain real property taxes are properly considered administrative expenses under 11 U.S.C. § 503(b)(1)(B)(i) of the Bankruptcy Code. The Court is also asked to decide whether New York law creates an interest in property under 11 U.S.C. § 546(b)(3) on its tax status date.

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